Petitions
FMCSA Petitions for Rulemaking
(49 CFR 389.31)
Any interested person may petition the Administrator to establish, amend, interpret, clarify, or withdraw a rule. Each petition filed must:
- Be submitted in writing by mail to the Administrator, Federal Motor Carrier Safety Administration, 1200 New Jersey Ave. SE, Washington, DC 20590-0001 or filing the petition as a comment, electronically at www.regulations.gov, using the general petitions for rulemaking docket FMCSA-2021-0054;
- Set forth the text or substance of the rule or amendment proposed, or specify the rule that the petitioner seeks to have interpreted, clarified or withdrawn, as the case may be;
- Explain the interest of the petitioner in the action requested;
- Contain any information, data, research studies, and arguments available to the petitioner to support the action sought.
Petitions received will be logged on the table below and categorized by "open" and "closed" petitions. This display is required by Section 5204 of the Fixing America's Surface Transportation Act (FAST Act).
Open Petitions for Rulemaking
The following is a list of petitions for rulemakings that are pending a decision from the Federal Motor Carrier Safety Administration or granted and awaiting further action.
|
Petitioner |
Summary of Request |
Date of Petition |
| Commercial Vehicle Safety Alliance (CVSA) | Amend Title 49 CFR 385.4(b) to reflect the updated "North American Standard Level VI Inspection Procedures and Out-of-Service Criteria for Commercial Highway Vehicles Transporting Transuranics and Highway Route Controlled Quantities of Radioactive Materials as defined in 49 CFR Part 173.403. | January 6, 2023 |
| CVSA | Amend Title 49 CFR 393.102 and 393.106 to make the cargo securement requirements clearer, more enforceable and in line with the model regulations. | May 31, 2022 |
| CVSA | Amend 49 CFR 393.5 to define the term "friction mat" more specifically and provide a minimum standard for the use of "friction mats for cargo securement. | May 31, 2022 |
|
CVSA |
Petition to amend 49 CFR 393.86 to remove labeling requirements for rear impact guards. |
March 12, 2019 |
|
CVSA |
Amend the response in DOT Regulatory Guidance Interpretation Question 3 in 49 CFR 393.130 to mirror the language found in the Canadian National Safety Code (NSC) Standard 10, Section 89(2) Accessory Equipment. |
August 27, 2018 |
| CVSA | Amend 49 CFR 393.104 and 393.108 concerning cargo securement to incorporate by reference National Association of Chain Manufacturers 2016 standards for performance specifications and markings for removable hooks used on tiedowns. | August 27, 2018 |
| Giorlamo Tringali | Amend the Commercial Learner's Permit (CLP) Regulation in 49 CFR 383.25 to add certain drug test stipulations for CLP holders who fail the initial DOT pre-employment drug test. | October 7, 2022 |
| Iowa DOT | Petition to reconsider the change contemplated in the withdrawn notice of proposed rulemaking that sought to amend 49 CFR 383.79(a)(1) and (2) to permit a state to administer knowledge test(s) to an out-of-state applicant, and to require the state of domicile to accept those knowledge testing results. | July 7, 2022 |
| John Olier | Petition to permanently be exempt from 49 CFR 395.3(a)(2) and (3), 49 CFR 395.3(a)(3)(i) and (ii) and 49 CFR 395.3(b)(2). | January 3, 2023 |
| Making Trucking Great Again Association | Petition to amend the Hours of Service 34-hour reset for drivers. | October 7, 2022 |
|
Michigan Aggregates Association |
Amend § 393.40 to add portable conveyors to the list of vehicles that are not required to have brakes on all wheels. |
January 18, 2019 |
|
*National Association of the Deaf (NAD) |
Rescind the requirement for interstate drivers of commercial motor vehicles (CMVs) to be able to hear. Request that the DOT and FMCSA repeal the regulatory language or, in the alternative, obtain clarification on non-discriminatory terms in 49 CFR 391.11 and 383.133. |
March 14, 2019 |
|
New Hampshire DOT |
Revise 383.93 to allow mechanics to operate empty buses without having a passenger endorsement on the CDL. |
October 2, 2017 |
|
Nicholas Mayo |
Petitioner seeks an amendment/revision to the term “properly restrained” and within compliance if the lap strap is secured properly. |
February 4, 2022 |
|
Ourbus, Inc. |
Amend 49 C.F.R. §§ 390.5 and 390.9 to provide a clear delineation between motor carriers of passengers and brokers for such motor carriers, and as to the scope of Federal preemption over the regulation of brokers. |
April 19, 2021 |
|
**Owner-Operator Independent Drivers Association (OOIDA) |
Amend 49 CFR 371.3 concerning broker transparency. |
May 19, 2020 |
| Rick Horan | Petition for rules change from Class A Vehicles Restriction to Endorsement for Class A Passenger Vehicles. | August 1, 2022 |
|
Small Business in Transportation (SBTC) |
Amend 49 CFR 390.5 to define "Dispatcher." |
March 9, 2022 |
| **SBTC | Amend 49 CFR 371.3 concerning broker transparency. | May 6, 2020 |
| Tarence Jones | Petition to amend part of 49 CFR 395.3(3)(ii) to add grace period of 2-3 hour interruption of the clock count down. | September 8, 2020 |
|
***Transportation |
Rescind 49 CFR 371.3(c). Issue regulatory guidance to distinguish between dispatch service and brokerage. |
August 4, 2020 |
|
Truck Trailer Manufacturers Associations |
Amend 49 CFR 393.65 concerning auxiliary fuel tanks on trailers and the restriction against gravity or syphon filling into the carburetor or fuel injector. |
December 21, 2018 |
| Victor Lopez-Vargas | Amend 49 CFR 395 to exempt military veterans. | October 20, 2022 |
|
Web Sling & Tie Down Association (WSTDA) |
Amend the cargo securement regulations under Part 393 to incorporate by reference WSTDA’s Specification for Interior Van Securement Devices WSTDA-T-5. |
October 19, 2020 |
*The Agency issued Driver Qualifications; Regulatory Guidance Concerning the Applicability of Language Requirement to Drivers Who Do Not Meet the Hearing Standard on October 1, 2014 (79 FR 59139). The Agency requested public comment on NAD’s petition on December 19, 2019 (84 FR 68386).
** The Agency requested public comment on SBTC’s and OOIDA’s petitions concerning broker regulations on August 19, 2020 (85 FR 51145). The Agency held a Property Carrier Broker Listening Session on October 28, 2020 (85 FR 64613).
*** The Agency requested public comment on TIA’s petition on November 25, 2020 (85 FR 75280). The Agency held a Property Carrier Broker Listening Session on October 28, 2020 (85 FR 64613).
Closed Petitions for Rulemaking
The following is a list of petitions for rulemaking that are no longer an open matter because the Agency has issued a denial or the petition has been granted and the rulemaking process has been initiated as indicated by a Rule Identification Number or Final Rule.
|
Date Received |
Petitioner |
Summary of Petition |
Decision Grant/Deny and Date of Letter to Applicant |
If Granted: Rule ID Number or Final Rule Cite |
|
07/13/2020 |
American Trucking Associations |
Request amendment of CDL regulations to make certain COVID-19 relief provided through the emergency declaration, permanent. |
Granted 11/24/2021 |
|
| 06/09/2022 | Commercial Vehicle Safety Alliance (CVSA) | Petitioner requests the FMCSA to require interstate transporters of hemp to carry recommended shipping documents included in the U.S. Department of Agriculture's final rule on hemp production. | Denied 12/19/2022 | |
| 03/29/2022 | CVSA | Add a definition of Personal Conveyance to 49 CFR 395.2 and remove all interpretative guidance from 49 CFR 395.8. | Denied 09/02/2022 | |
| 03/29/2022 | CVSA | Amend Title 49 CFR § 385.4(b) to reflect the updated “North American Standard Level VI Inspection Procedures and Out-of-Service Criteria for Commercial Highway Vehicles Transporting Transuranics and Highway Route Controlled Quantities of Radioactive Materials as defined in 49 CFR Part 173.403.” | Granted 02/22/2022 | 86 FR 72851 |
|
03/15/2015 03/30/2021 |
CVSA |
Amend Title 49 CFR § 385.4(b) to reflect the updated “North American Standard Level VI Inspection Procedures and Out-of-Service Criteria for Commercial Highway Vehicles Transporting Transuranics and Highway Route Controlled Quantities of Radioactive Materials as defined in 49 CFR Part 173.403.” |
Granted 02/22/2022
|
86 FR 72851 |
|
03/30/2021 |
CVSA |
Amend § 396.31(a)(1) to address OOSC references.
|
Granted 8/29/2022 |
86 FR 57060 |
|
02/25/2021 |
CVSA |
Amend 49 CFR § 385.4(b) to update the FMCSA’s incorporation by reference of the CVSA’s Out-of-Service Criteria (OOSC) to note the April 1, 2021 edition. |
Granted |
86 FR 35443 |
| 10/07/2020 | CVSA | Revise 49 CFR 390.23 and 49 CFR 390.25 concerning emergency declarations to limit the scope of the relief granted. | Granted 06/29/2022 | |
|
01/08/2020 |
CVSA |
Amend 49 CFR § 385.4(b) to update the FMCSA’s incorporation by reference of the CVSA’s Out-of-Service Criteria (OOSC) to note the April 1, 2020 edition. |
Granted |
86 FR 35443 |
| 12/04/2019 | CVSA | Amend 49 CFR 395.2 to include a definition of "yard moves." | Denied 03/28/2022 | |
|
08/08/2019 |
CVSA |
Amend 49 CFR 385.4(b) to reflect the updated "North American Standard Level VI Inspection Procedures and Out of Service Criteria for Commercial Highway Vehicles Transporting Transuranics and Highway Route Controlled Quantitates of Radioactive Materials as Defined by 49 CFR 173.403. |
Granted 02/24/2020 |
84 FR 52432 (NPRM) |
|
07/19/2019 |
CVSA |
Amend 49 CFR 382.603 to require reoccurring alcohol and controlled substance training for supervisors. |
Denied 12/26/2019 |
|
|
08/27/2018 |
CVSA |
Amend Appendix G to require rear impact guards to be inspected as part of the required annual inspection. |
Granted 11/09/2021
|
86 FR 62105 |
|
12/17/2018 |
CVSA |
Amend 49 CFR 393.47 concerning air brake readjustment limits to correct an error linked to the incorporation by reference of the Society of Automotive Engineers’ (SAE) publication. SAE corrected the error in its publication. |
Granted 10/14/2021 |
86 FR 57060 |
|
12/18/2018 |
CVSA |
Add a definition of personal conveyance to 49 CFR 395.2 and remove all 395.8 interpretative guidance. |
Denied 09/18/2020 |
|
|
08/25/2017 |
CVSA |
Expand definition of “actual knowledge” in 49 CFR 382.107. |
Granted 09/30/2019 |
84 FR 51427 |
| 05/17/2017 | CVSA | Amend definition of "utility service vehicle" in 49 CFR 395.2 to clarify that the term includes commercial motor vehicles supporting broadband-internet and cellular telephone operations. | Granted 03/06/2018 | |
|
03/10/2019 |
Daimler Trucks North America (DTNA) |
Amend §393.60 to allow vehicle safety technologies to be placed in the windshield; amend the definition of safety technology. |
Granted
|
86 FR 35449 |
|
03/21/2019 |
Florida Fruit & Vegetable Association |
Modify the Hours of Service and ELD for the transportation of perishable fruit and vegetable commodities. |
Denied 11/18/2019 |
|
|
09/01/2017 |
Jacob Scroggins |
Add Pigeon Clubs to 391.2 list of exempt entities. |
Denied 10/25/2018 |
|
|
05/10/2019 |
J.B. Hunt |
Amend regulatory guidance question # 27 to 49 CFR 390.5 concerning the inclusion of “x-ray” as “treatment away from the scene of the accident.” |
Granted 02/25/2022
|
87 FR 10895 |
|
11/01/2018 |
Jerry and Marianne Karth |
Add underride guards to Appendix G and 396.17, and amend definition of Out of Service Criteria (RINAC31). |
Granted |
86 FR 62105
|
|
06/09/2021 |
Kevin Armstrong |
Petition to Amend CFR 49 391.41 and CFR 391.49 Regarding Physical Qualifications of Drivers. |
Denied 12/09/2021
|
|
| 04/25/2018 | National Agriculture Aviation Association (NAAA) | Request to amend the CDL rules to provide relief from the HM endorsement for drivers transporting Kerosene for aviation. | Granted 12/16/2022 | |
|
10/12/2020 |
National Federation of |
Amend the definition of “commercial motor vehicle” under 49 CFR 390.5 to exclude vehicles between 10,001 and 26,000 pounds. |
Denied |
|
|
10/12/2020 |
National Federation of Independent Business Small Business Legal Center |
Request to amend the definition of commercial motor vehicles. |
Denied 05/21/2021 |
|
| 08/07/2020 | National School Transportation Association (NSTA) | Amend the CDL regulations to establish a school bus-only CDL for intrastate school bus operations. | Denied 12/19/2022 | |
|
08/08/2019 |
Owner-Operator Independent Drivers Association |
Amend 391.47 concerning driver qualifications, to replace the terms “physician” and “medical specialist” with the term “certified medical examiner.” |
Denied 01/10/2022
|
|
|
06/14/2021 |
People for the Ethical Treatment of Animals |
Request to amend 49 CFR 383.51 to prohibit CDL drivers that have committed certain violations from operating a CMV with livestock on board. |
Denied 02/21/2022 |
|
| 03/15/2021 | Richard Horan | Amend 49 CFR 383.95 concerning the linkage of endorsements to specific Classes of CDL, especially the "P" endorsement. | Denied 04/19/2022 | |
| 01/27/2022 | Small Business in Transportation Coalition (SBTC) | Amend regulations on household goods motor carriers in interstate commerce contained in 49 CFR Part 375. | Denied 10/28/2022 | |
|
01/03/2022 |
SBTC |
Alternative petition for rulemaking regarding English language requirements for CDL testing (submitted as a petition for preemption with petition for rulemaking as alternative relief). |
Denied 03/03/2022
|
|
|
09/22/2021 |
SBTC |
Petition for FMCSA to reconsider its denial of SBTC’s request to amend 49 CFR 381 to include instructions for trade groups seeking class exemptions. |
Denied 02/21/2022
|
|
|
09/09/2021 |
SBTC |
Retrospective Review of 49 CFR 395 Subpart B--Electronic Logging Devices (ELDs) & Issuance of OST Guidance on ELD vetting and certification pursuant to 49 CFR 5.13(c)(4)(i). |
Denied 01/14/2022
|
|
|
08/01/2021 |
SBTC |
Petition for 'Retrospective Review' of 49 CFR 371 & Issuance of OST Guidance on Broker Transparency. |
Denied 03/01/2022
|
|
|
10/04/2018 |
SBTC |
Amend 371.2 definition of Broker and Bona Fide agents. |
Denied 01/28/2020 |
|
|
06/08/2018 |
SBTC |
Revise application instructions to better accommodate class applications. |
Denied 02/28/2021 |
|
| 03/18/2018 | SBTC | Petition to amend 49 CFR 383.133(b)(3) | Denied 07/08/2022 | |
| 08/04/2021 | Tyrel Olson | Eliminate the hours-of-service rules in 49 CFR 395 from the Federal Motor Carrier Safety Regulations. |
Denied 04/07/2022
|
|
|
07/03/2018 |
United States Transportation Alliance |
Proposes revisions to hours of service and other rules. |
Denied 06/01/2020 |
85 FR 33396 |
| 04/22/2020 |
Veolia North America |
Petition to allow prospective employers to use reports from the Agency's Pre-employment Screening Program as an alternative to complete investigations and inquiries by 49 CFR 391.23(d). |
Denied 08/10/2022
|
Contact Info:
FMCSA
Larry Minor
Associate Administrator of Policy Larry.minor@dot.gov
Related links:
Archived Petitions for Rulemaking
Petitions for Reconsideration of Rules
Last updated: Wednesday, January 11, 2023